Associated Press

Attorney General Wayne Stenehjem ordered Bismarck's park district to refund $83.75 in copying fees for its slow response to a citizen's inquiry about the cost of a repair project.

August Werner, of Bismarck, had asked at a June park board meeting about the expense of repairing a waterfall at a city park near the Missouri River. On July 7, he sent a follow-up e-mail requesting the information, Stenehjem said in an opinion Monday.

The park district did not supply the information until Aug. 14. "It took Mr. Werner two trips to the park district office and 38 days to see all the records he requested to see on July 7," the opinion says.

One reason for the delays was that the district's director, Steve Neu, had been out of the office on a few occasions, but Neu did not need to be present for the park district's staff to satisfy the request, the attorney general said.

North Dakota law allows citizens to request an attorney general's review of an open records or meetings dispute with a state or local government agency.

The park district charged Werner $83.75 in copying fees, and $75 for four hours of staff time used to locate the records. Stenehjem's opinion said the charge for staff time was proper, but he ordered the park district to refund the copying fees because of its slowness in providing the records Werner requested.

Stenehjem was also critical of the park district's request that Werner fill out and sign a form before he picked up the records. The form asks that a requester show identification and provide his or her name, address and phone numbers at home and work.

"The form asks for information that is not necessary by law to disclose in order to see or obtain copies of public records," the opinion says. "Requiring such information may be a deterrent to someone who requests access to public records. The park district could keep track of copies it provides for administrative purposes in a less intimidating manner."